Select question(s)

Are construction contracts for projects developed in your jurisdiction required to be governed by local law? Are foreign choice-of-law clauses enforceable in contracts for construction projects developed in your jurisdiction?

2.

Are there any formalities applicable to construction contracts?

3.

Are contractors entitled to impose mechanics’ or similar liens on work performed in order to secure payment in your jurisdiction? Are lien waivers from contractors and subcontractors enforceable in your jurisdiction? Are these commonly used in your jurisdiction? Can payments to contractors be contingent on receipt of lien waivers?

4.

Are there any strict liabilities that extend to owners of construction projects in your jurisdiction?

5.

Do owners typically negotiate a full pass-through of liabilities from their revenue contracts to contractors?

6.

What are the most common pricing modalities in your jurisdiction? Is one modality more prevalent in certain types of projects than others?

7.

What are the key approvals and permits required for a construction project? What is the typical cost and timing to obtain or fulfil such approvals, permits and obligations for large-scale infrastructure projects in your jurisdiction?

8.

Are subsurface conditions a common source of delays for construction projects in your jurisdiction? Do the laws of your jurisdiction permit the parties to freely allocate this risk contractually?

9.

Does your jurisdiction provide statutory protection for ‘unforeseeable’ or similar risks? Do such statutory protections supersede contractual allocations of risk?

10.

Will the laws of your jurisdiction strictly interpret contractual provisions granting cost or schedule relief? Or is there flexibility to arrive at ‘equitable’ solutions even if contrary to contractual provisions? Are there any specific rules in your jurisdiction regarding the evidence required to support cost or schedule relief claims?

11.

Does your jurisdiction recognise economic equilibrium clauses? Have any such clauses been utilised in practice?

12.

How significant is the impact of labour unions on construction projects in your jurisdiction?

13.

Highlight any significant public procurement law provisions applicable to public construction project tenders.

14.

Do contractors commonly carry out construction activities through consortia or other types of joint ventures? Under these arrangements in your jurisdiction, are joint venture partners jointly and severally liable for their obligations?

15.

Are time-bar clauses for claims enforceable in your jurisdiction? Do courts in your jurisdiction interpret these provisions strictly?

16.

Are limitations of liability enforceable in your jurisdiction? What are the exclusions for such limitations?

17.

Are exclusive remedy clauses enforceable in your jurisdiction?

18.

Are liquidated damage provisions enforceable in your jurisdiction? Are there any limitations on the formulation of such liquidated damages? Does local law allow courts in your jurisdiction to reduce the amount of liquidated damages provided in a construction contract?

19.

How is force majeure governed in your jurisdiction? Are carve outs to general force majeure provisions provided by law enforceable?

20.

What instruments are typically used as performance security in your jurisdiction? Are such instruments liquid?

21.

How is concurrent delay in construction projects treated in your jurisdiction?

22.

Does your jurisdiction recognise degrees of negligence and culpability?

23.

Is there a distinction in your jurisdiction between consequential losses and those resulting ‘naturally’ from a breach of contract?

24.

Are there mandatory provisions in connection with the transfer of title of works or materials delivered in your jurisdiction?

25.

Must a contractor fulfil specific requirements when presenting an application for payment in your jurisdiction? What is the maximum time provided by law to pay an invoice from a contractor? Do local laws allow owners to make set-offs, deductions, withholdings or retentions from payments due to contractors, and are there any limitations on the circumstances in which owners can exercise these rights?

26.

Must insurance policies for construction projects in your jurisdiction be placed with local insurers? Are there restrictions in your jurisdiction regarding the payment of insurance proceeds offshore or to third parties?

27.

Briefly describe the tax regime applicable to construction projects. Are withholding and value added taxes applicable? Are construction contracts typically structured so that onshore and offshore work are performed by separate contractors?

28.

Are there any statutorily mandated or implied warranties under the laws of your jurisdiction? What is the minimum defect liability period in your jurisdiction? Are there specific minimum defect liability periods for certain types of works?

29.

What is the statute of limitations for contractual and non-contractual claims in your jurisdiction?

30.

Describe any local arbitration institutions and any specialised construction law courts in your jurisdiction.

31.

Are agreements to mediate enforceable? Are there any mandatory mediation provisions for construction contracts in your jurisdiction?

32.

How prevalent are dispute adjudication boards appointed by the parties in construction contracts in your jurisdiction? Are agreements to submit disputes to dispute adjudication boards enforceable?